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Payment of damages for negligence or negligence

שו”תCategory: HalachaPayment of damages for negligence or negligence
asked 7 months ago

What is the prevailing view on the issue of paying a person who causes harm according to the Talmud and other commentators? Is the payment a written decree and without the Torah, it is completely exempt (this is what I found in Tosafot Kiddushin 13b)? Or is the Torah not changing the nature of the obligation, but only the amount of the payments?
Especially according to the method of the Harash, in the law of damages, one follows the basis of jurisprudence, which means that reason requires, does not reason require compensation from the person who caused the damage?
I would be happy for an answer and would also be grateful to the rabbi if he has a long article on the subject.


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מיכי Staff answered 7 months ago
There are several members of the Shas who wrote this. My daughter Rivka wrote an article about it, and I once uploaded it here. I’ll try to search.

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מיכי Staff replied 7 months ago

See here:
https://mikyab.net/%D7%A9%D7%95%D7%AA/%D7%9E%D7%9C%D7%95%D7%94-%D7%9B%D7%AA%D7%95%D7%91%D7%94-%D7%91%D7%AA%D7%95%D7%A8%D7%94/

נתן replied 7 months ago

I tried searching before asking but couldn't find it.

מיכי Staff replied 7 months ago

I uploaded a link here.

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